By using GFXWebHosting’s ("GFXWebHosting", "our", "us" or "we") products and services, you ("you", "your", "Client" or "Customer") agree to comply with our policies.

WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR TEMPORARILY OR PERMANENTLY STORED ON OUR NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.

INTERPRETATION

The provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this AUP, are prohibited. We reserve the right at all times to prohibit activities that damage our or our affiliates’ commercial reputation and goodwill. We will be the sole and final arbiter as to what constitutes a violation of our policies.

ILLEGAL USE

Our products and services may be used only for lawful purposes. Transmission of, distribution of, storage of, or linking to any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law.

SPAM

All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003.

Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not "opted-in" to mailings from the user. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to GFXWebHosting upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an "opt-in" process or that has made their e-mail addresses available to a user for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and "opt-in" elections and provide such records to GFXWebHosting upon its request. If a user cannot provide positive and verifiable proof of such consents and "opt-in" elections, we will consider the list mailing to be unsolicited. Any user-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. Other prohibited activities include, without limitation, the following:

use of our network for the receipt of replies to unsolicited mass e-mail;

If, as a result of your actions, our mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, your server may be suspended and possibly terminated upon review. If we deem your account at risk for repeated AUP infractions, we may suspend and/or terminate all servers on it.

NETWORK

Although we have the ability to absorb and tolerate occasional DDoS attacks, clients who have not purchased our optional DDoS filtering and who are targeted with frequent and/or disruptive attacks may be suspended and/or terminated. We have a zero tolerance policy for IPv6 DDoS, meaning customers targeted over IPv6 will be suspended and required to use our IPv4 DDoS-filtering for the related service and/or discontinue use of IPv6.

We do not allow port scanning or UDP floods to be sent from our network. Accounts sending floods, port scanning, and/or creating artificial traffic will be suspended and/or terminated. If your server is found to be degrading the connection speed of other servers, you will be notified via ticket and asked to reduce your usage.

COMMONLY QUESTIONED USES

The following are acceptable uses provided they comply with the rest of this AUP:

VPN*

Adult material*

*Any usage which results in any attacks against GFXWebHosting the company (not just the client’s server) may result in suspension and/or termination.

STRICTLY PROHIBITED USES

The following are strictly prohibited uses and may result in immediate suspension and/or termination if discovered on your account:

Denial of Service (DoS) attacks

Port scanning

Botnets

TOR exit nodes

Open proxies

Open DNS resolvers

Hola

Illegal downloads/Piracy

Kloxo

Video chat (e.g., CamFrog, Visichat)

Virtual currency (*coin) mining

HentaiAtHome

Facebook crawlers

IP spoofing

Fake/Replica product websites

Phishing

World Community Grid, Folding at Home, or similar software

Prime95

CrystalMines

HYIP websites

Booter/Stresser websites

HitLeap or any artificial traffic creation

iBusinessPromoter or similar software

LIULIANGKUANG

Multics, CCcam, or any other card sharing software

Chinese private game servers and related websites

Running any of the above items behind a DDoS-filtered IP is still a violation of the AUP.

Using our IP addresses (IPv4 and IPv6) to evade IRC or forum bans is also strictly prohibited.

SECURITY

Violations of our system or network security are prohibited, and may result in criminal and civil liability. Our servers and networks may not be used for:

introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers;

executing any form of network activity that will intercept data not intended for your server;

evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks;

interfering with or denying service to any user, host, or network, such as a denial of service attack or distributed denial of service attack;

conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information;

soliciting the performance of any illegal activity, even if the activity is not performed; or

using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.

The preceding list is an example and not an exhaustive list of prohibited activity.

Failure to adhere to the Acceptable Use Policy will result in service suspension and possibly termination with no refund. Any activity not mentioned above but which is considered illegal in the United States will result in immediate termination.

DMCA / LEGAL

Please report violations of this AUP, including copyright infringement/DMCA, to admin[at]GFXWebHosting.com.